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1991 Supreme(HP) 147

V.K.MEHROTRA
KODU RAM – Appellant
Versus
AMRITI DEVI – Respondent


Advocates Appeared:
For the petitioner(s):Shri R. K. Sharma, Advocate. For the respondent(s):Shri N. K. Sood, Advocate. Shri K. D. Sood, Advocate.

JUDGMENT

V. K. Mehrotra, J.—This is a revision petition under section 115, C. P. C.

2. In Civil Suit No. 19 of 1969 instituted by one Shri Rania Ram whose heirs are the respondents in this Court except for the 7th respondent who is a proforma respondent, a preliminary decree was passed by the trial Court on November 26, 1977 in a mortgage suit against applicant Kodu Ram who is sole defendant. The decree provided that the plaintiff would be entitled to redeem the mortgaged land on deposit of a sum of Ks. 533.34 within one month of the passing of the decree. An amount of Rs. 534 was deposited by the decree-holder on December 24, 1973, that is, within the aforesaid period of one month of the passing of the preliminary decree. Thereafter, the decree-holder applied for the preparation of the final decree. An order was passed by the learned Senior Sub-Judge, Kangra, at Dharamshala on August 7, 1976 saying that the Counsel for the respondent (defendant-judgment-debtor) did not oppose the application subject to the objection with regard to the deposit of the redemption money within limitation. The learned Judge found that the amount had been deposited within the period allowed to the decree-













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